Military Leave

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The below is Executive Order 01-05 which authorizes provisions for state employees who are called or volunteer to report for active military duty in response to the events which occurred on September 11, 2001. These provisions will be implemented through the DPS Bulletin 01-03 and apply to any state employee who has been called to active duty since September 11, 2001.

Executive Order 01-05:

Whereas, the State of Kansas recognizes that the military response to the terrorist attack on the United States of America on September 11, 2001 has resulted in activation of military personnel from reserve and national guard units; and

Whereas, employees of the State of Kansas may be among those who are called or volunteer to serve our country; and

Whereas, it is appropriate for the State of Kansas, as an employer of citizens who may be called or volunteer for active duty, to take steps to accommodate the employees who will be serving our country.

Now, therefore, pursuant to the authority vested in me as Governor and chief executive of the State of Kansas, I hereby propose that the Secretary of Administration prepare necessary personnel regulations, policies or procedures to assist state employees who are called or volunteer for active military service. Such regulations, policies or procedures shall include provisions for job protection; advance payment of wages, earned compensatory time and accrued vacation leave earned prior to being called to active duty; length of service continuation; group health insurance continuation and other benefits provisions.

This document shall be filed with the Secretary of State as Executive Order 01-05 and shall be effective immediately

DPS Bulletin 01-03:

7.1 Job Protection

1. The employee's position will be protected for as long as they are required to remain on active duty. This protection will not include classified temporary employees, only unclassified temporary employees with benefits.
2. The employee must return to state employment within 90 days after release from active duty or within one year after discharge if hospitalized.
3. Upon returning to their state position, employees will be protected from termination based on performance issues for up to one year. This is intended to allow these employees time to reacclimate after returning from military leave.

7.2 Compensation

1. General increases and step increases that would have been received had the employee not been on military leave without pay will be granted when the employee returns to work from active duty.
2. Bonuses for which the state has already made an obligation will be paid while the employee is on military leave without pay.

7.3 Length of Service

1. Length of service will continue while the employee is on military leave.
2. The time spent on military leave will be counted as time worked toward length of service, eligibility for longevity pay, and the accrual rate for vacation leave.

7.4 Payment of Leave and Compensatory Time

1. At the request of employees, agencies must provide a payout of the total balance (not to exceed the maximum allowed by K.A.R. 1-9-4) or a portion of the balance of any vacation leave, compensatory time, and holiday compensatory time accrued prior to leaving for active duty. The leave or compensatory time accrued during the pay period of the payout should not be paid out at the time the employee leaves for active military duty. This leave and/or time will be available for use when the employee returns from military duty.
2. Employees will have the option to buyback either all or none of their vacation leave that was paid out, at the value that it was paid out regardless of subsequent increases to the employees' rate of pay. Employees must exercise this option within 30 days after returning to work.

7.5 Leave Accrual and Usage

1. Vacation and sick leave will not accrue while the employee is on military leave.
2. Employees may request and use accrued vacation leave, compensatory time, and holiday compensatory time prior to being placed on military leave without pay.

7.6 Group Health Insurance Plan (GHIP)

1. Employee coverage ends effective the last day of the payroll period in which the employee goes on military leave without pay. For employees going on military leave on or after December 9, 2001, employee coverage ends the last day of the month.
2. Employees on military leave without pay may continue coverage for the next 30 days; the agency will continue to make the GHI employer contribution for the 30 days. The employee is required to remit his/her premium (regular payroll deduction amount) to the agency to retain coverage during the 30 days following the effective date of the military leave without pay.
3. Employees may continue coverage in the GHIP beyond the 30 days leave without pay timeframe, but must remit the full premium. There will be no agency contribution. An employee with spouse, children, or full family coverage may elect to drop themselves and keep their spouse and/or children covered in the state GHIP. However, employees must make the change within 30 days of the effective date of the military leave without pay. Once the agency collects the employee contribution, the agency submits it to the DPS Health Benefits section, just like it is done for the leave without pay process.
4. Employees who dropped GHIP while on military leave without pay may reenter the GHI plan they left upon returning to work if it is within 90 days of release from military leave. There is no waiting period.
5. Employees on military leave without pay during Open Enrollment may enroll in any coverage for which they are eligible, without penalty, upon their return to active employment status, if done so within 90 days of release from military leave.

7.7 KanElect Flexible Spending Accounts (FSA) for Health Care and Dependent Care

1. Employee Participation ends on the last day of the payroll period worked. For employees going on military leave on or after December 9, 2001, employees' participation ends the last day of the month.
2. Employees may choose to continue enrollment only in the Health Care FSA under the state plan (personal payment of contribution). If an employee chooses to continue their HealthCare FSA while on military leave, they would need to make the non pre-tax payment (biweekly/monthly or lump sum) to Kan Elect c/o DPS Health Benefits Section, and DPS will voucher the funds through A & R for transmittal to ASI.
3. The employee may terminate active enrollment and reenter plan upon return from military leave without a waiting period.

7.8 Deferred Compensation

1. If enrolled, participation will be suspended on the last paycheck.
2. Employees may reenter the program upon returning to work.
3. Hardship withdrawals can be considered based on IRS guidelines.

7.9 Life Insurance and Death Benefit

1. Employees retain state provided coverage at no cost to employees while on military leave.
2. Employees may convert Optional Life Insurance to individual coverage at non-group rates, provided the employees remit the premium to Security Benefit Life (SBL) as specified by SBL.

Regular Military Leave:

Please contact the Human Resource Administration office at 913-588-5080 for any questions or concerns regarding the following material.

Military leave is available with pay for up to 15 working days each year for those eligible employees in a regular position who, as National Guard or Reserve component members, participate in annual active duty for training. Employees are eligible for military leave with approval and receipt of orders.

Military leave is available without pay for those employees who enlist, are drafted or are otherwise commissioned as the result of orders requiring active duty in the Armed Forces. Sick or vacation leave shall not be earned or accrued during military leave without pay.

Classified Staff:

(Reference Kansas Administrative Regulations 1-9-7)

Faculty or Unclassified Staff:

(Reference KUMC Handbook for Faculty and Other Unclassified Staff. See below.)

Any unclassified employee with an appointment of 50% time or greater who is a member of the state or national guard or the reserves of the United States armed forces shall be granted a leave of absence for the duration of any official call to emergency duty or to the annual training period. Military leave with pay shall be limited to 15 working days in any calendar year.